- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
There are currently no known outstanding effects for the Criminal Justice and Courts Act 2015, Section 37.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Part 5 of the Criminal Justice and Immigration Act 2008 is amended as follows.
(2)In section 63 (possession of extreme pornographic images)—
(a)after subsection (5) insert—
“(5A)In relation to possession of an image in England and Wales, an “extreme image” is an image which—
(a)falls within subsection (7) or (7A), and
(b)is grossly offensive, disgusting or otherwise of an obscene character.”,
(b)in subsection (6), for “An” substitute “ In relation to possession of an image in Northern Ireland, an ”, and
(c)after subsection (7) insert—
“(7A)An image falls within this subsection if it portrays, in an explicit and realistic way, either of the following—
(a)an act which involves the non-consensual penetration of a person's vagina, anus or mouth by another with the other person's penis, or
(b)an act which involves the non-consensual sexual penetration of a person's vagina or anus by another with a part of the other person's body or anything else,
and a reasonable person looking at the image would think that the persons were real.
(7B)For the purposes of subsection (7A)—
(a)penetration is a continuing act from entry to withdrawal;
(b)“vagina” includes vulva.”
(3)In section 66 (defence: participation in consensual acts)—
(a)before subsection (1) insert—
“(A1)Subsection (A2) applies where in England and Wales—
(a)a person (“D”) is charged with an offence under section 63, and
(b)the offence relates to an image that portrays an act or acts within subsection (7)(a) to (c) or (7A) of that section (but does not portray an act within subsection (7)(d) of that section).
(A2)It is a defence for D to prove—
(a)that D directly participated in the act or any of the acts portrayed, and
(b)that the act or acts did not involve the infliction of any non-consensual harm on any person, and
(c)if the image portrays an act within section 63(7)(c), that what is portrayed as a human corpse was not in fact a corpse, and
(d)if the image portrays an act within section 63(7A), that what is portrayed as non-consensual penetration was in fact consensual.”, and
(b)in subsection (1)—
(i)for “This section” substitute “ Subsection (2) ”, and
(ii)after “where” insert “ in Northern Ireland ”.
(4)In section 67 (penalties for possession of extreme pornographic images)—
(a)in subsection (2), for “Except where subsection (3) applies to the offence” substitute “ If the offence relates to an image that portrays any relevant act (with or without other acts) ”,
(b)in subsection (3), for “act within section 63(7)(a) or (b)” substitute “ relevant act ”, and
(c)after subsection (4) insert—
“(5)In this section “relevant act” means—
(a)in relation to England and Wales, an act within section 63(7)(a) or (b) or (7A)(a) or (b);
(b)in relation to Northern Ireland, an act within section 63(7)(a) or (b).”
(5)In Schedule 14 (special rules relating to providers of information society services)—
(a)after paragraph 1(3) insert—
“(3A)For the purposes of sub-paragraph (2), “extreme pornographic image” has the meaning given by section 63(2) and in determining whether a domestic service provider is in possession of such an image—
(a)where the service provider is established in England and Wales, “extreme image” has the meaning given by section 63(5A);
(b)where the service provider is established in Northern Ireland, “extreme image” has the meaning given by section 63(6).”, and
(b)omit paragraph 6(2).
Commencement Information
I1S. 37 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 31 (with Sch. 2 para. 1)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys